Legal Question in Intellectual Property in Texas
Domain Name and Trademark Question
I was wondering if I obtained a domain name a year ago, and there was no trademark for it... would someone else be able to take my domain name, if they later got a trademark or the name?
The domain name I have is generic. A rather large company was interested in obtaining the name but have since stopped negotiating and I'm concerned that they might try to take it somehow.
2 Answers from Attorneys
Re: Domain Name and Trademark Question
This is a tricky area.
If you are a "domain squatter" and registered a name such as "Proctor-Gamble.com," you will likely lose that name to that company.
If you have registered a name not previously registered in some fashion, however, you will be protected by your registration from a later trademark or tradename registration, assuming yours is prior in time. Registration of the name "weatherman.com" for instance should be protected against a subsequent attempt by someone else to trademark the same name, at least on the net.
Re: Domain Name and Trademark Question
If the name is merely descriptive, then the other company may attempt to register it in the Supplemental Register, where a special set of trademark rules apply. If you have been using the name in interstate commerce for a time, then you can also place an application in the supplemental register and further protect your domain. It's not absolute, but it would help.
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